Morgan v. Oronogo Circle Mining Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — Noto. David E. Blair, Judge. (1) The demurrer to the testimony was improperly sustained and the nonsuit should have been set aside and a new trial granted because the evidence showed that defendant was negligent in having made no effort to take the “twist” out of the cable, and the testimony shows that the cage was not equipped with guides or rails to guide it through the shaft and defendant was negligent in not so equipping the cage.
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Appeal from Jasper Circuit Court. — Noto. David E. Blair, Judge. (1) The demurrer to the testimony was improperly sustained and the nonsuit should have been set aside and a new trial granted because the evidence showed that defendant was negligent in having made no effort to take the “twist” out of the cable, and the testimony shows that the cage was not equipped with guides or rails to guide it through the shaft and defendant was negligent in not so equipping the cage. Guffey v. Railroad, 53 Mo. App. 469; Erwin v. Railroad, 94 Mo. App. 297; Seals v. Whitney, 130 Mo. App. 419; 26 Cyc. 1107;…
1Opinion of the Court
NIXON, P. J. —
This was an action to recover damages for the death of Joseph C. Morgan who lost his life in the mine of the defendant on the 27th day of October, 1900'. The petition on which recovery was sought is as follows: (Formal parts omitted.)
“Plaintiff for cause of action states that he is the duly appointed, qualified and acting administrator of the estate of Joseph C. Morgan, deceased, having been appointed by the probate court of Jasper county, Missouri.
“Plaintiff further states that defendant is and was at all the times herein mentioned, a corporation, organized and existing under…
2Cases cited21 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Coin v. John H. Talge Lounge Co.Supreme Court of Missouri · 1909
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
16 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Acton v. ShieldsSupreme Court of Missouri · 1965
- Evans v. General Explosives Co.Supreme Court of Missouri · 1922
- Hegberg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Yost v. Atlas Portland Cement Co.Missouri Court of Appeals · 1915
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
3 more not listed; retrieve them via the Exa API.